Hon'ble RASTOGI, J.—Heard learned counsel for petitioner, Public Prosecutor and so also counsel for complainant; and with their assistance, perused material made available at the time of arguments.

2. Instant bail application u/Sec. 439 Cr.P.C. arises out of FIR No. 315/2011 registered for offence u/Sec. 323, 341, 447, 427, 506, 384 IPC read with Sec. 3-1(10)(5)(14) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act.

3. The ld.court below, after taking note of the present accusation of the accused-petitioner and his past antecedents where almost 20 cases were registered against him, rejected the post arrest bail of the accused petitioner vide order dt. 6.6.2012.

4. From the facts available on record, it has come out that complainant Jawan Singh Koli, who is a member of Scheduled Caste community, submitted a written report on 14.9.2011 at 3.30 PM at Police Station Basedi, District Dholpur alleging therein that on 5.9.2011 at about 11.00 AM Mahesh (accused-petitioner), Tikam and Vinod, who are residents of village Nagala Darbesh, Police Station Basedi, District Dholpur came to his agricultural field bearing Khasra No. 1150 and threatened him to sold the land to them as they want to sold after converting into residential plots and if he fails to do so, they will kill him and his family; and Mahesh (accused-petitioner), Tikam and Vinod started beating him and his wife (Urmila) and abusing him by passing sarcastic remarks denoting/indicating his caste. It was further alleged in FIR that these persons are not permitting him to cultivate his filed for last two years.

5. On the basis of said complaint, an FIR No. 315/2011 was registered on 14.9.2011 at Police Station Basedi for offence u/Sec. 323, 341, 447, 427, 506, 384 IPC read with Sec. 3-1 (10)(5)(14) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act and after registering FIR, statement of complainant was recorded u/Sec. 161 Cr.P.C. on 16.9.2011 where in he stated that he was threatened by the present accused petitioner, who was alleged to be a land grabber came alongwith other two accused persons namely; Vinod and Tikam to his house and asked him to surrender his agricultural land bearing Khasra No. 1150 and it is in his interest to sold the land to them as they are interested for disposing it of after converting in residential plots thereon and if he does not accept their offer, they will kill him and his family and they have also beaten him and his wife and he is not being permitted to cultivate his field for last two years.

6. However, the accused petitioner absconded and could not be arrested even after announcing a cash award of Rs. 2000/- for his arrest and charge sheet was filed against him u/Sec. 299 Cr.P.C. on 5.2.2012 for the alleged crime. however, he could be arrested thereafter on 7.5.2012.

7. Bail application was filed by the accused petitioner u/Sec. 439 Cr.P.C. before ld Trial Court however the court below rejected the bail application vide order dt. 6.6.2012 after examining the present accusation of the accused petitioner and his criminal antecedents as it reveals from the case diary that there are 20 cases of such like nature registered against the accused petitioner at different point of time and in five cases he is still facing trial.

8. Counsel for petitioner submits that except Sec. 384 IPC and Sec. 3-1(10)(5)(14) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, offence alleged against accused petitioner u/Sec. 323, 341, 447, 427, 506 IPC are bailable and taking note of the statements of the complainant recorded u/Sec. 161 Cr.P.C., no case is made out which could book the accused petitioner for offence u/Sec. 384 IPC and Sec. 3-1(10)(5)(14) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act. Counsel further submits that charge sheet has been filed and no further recovery is required to be made from him and he is facing incarceration since 7.5.2012 and so far as the criminal antecedents of the accus

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